Thursday, May 19, 2016

Musings: No Defense

The Kauai County Council yesterday passed a bill limiting homestays/B&Bs to the visitor destination area (VDA), where other resort uses are allowed.

It also limits the number of homestay applications that will be considered to 10 per year in 2015 and 2016, with the cap expiring at the end of 2016. Other restrictions include no more than three guest rooms in any house. 

The owner must live on the premises and be “physically available for the needs and concerns of their respective homestay guests.” Each bedroom must have a paved parking spot and the house must be on a septic system.

The bill effectively halts the legal proliferation of homestays on ag lands and in residential neighborhoods, as many residents requested. It was opposed by Councilmembers JoAnn Yukimura, Gary Hooser and Mel Rapozo.

“This is my fourth year and I don't believe I ever advocated on enforcement against homestays and B&Bs, it was more TVRs,” Hooser said.

So tell us, Gary, how can you possibly justify enforcing the law against some people, but not others?

And Mel, since you “feel sorry for these people” operating without permits, and are “so conflicted” about how the Council never dealt with the B&B issue back in 2009, why didn't you act to address the issue in the seven years since? Why wait until now to whimper, when the public is finally fed up and the situation is out of control? Worried about re-election?

Alexis Boilini and Lorna Hoff, who are operating B&Bs in the agriculture district, argued for relief, claiming their rights had been violated when the planning department moved to shut down people who were operating B&Bs and TVRs without permits. 

Hoff and her husband John, along with Bill and Cathy Cowern, Darcy Summer and Patricia Enderlin, are facing misdemeanor criminal charges for zoning violations and unsworn falsification stemming from their unpermitted accommodations.

Councilman Ross Kagawa asked whether the Council could consider amendments that would grandfather in existing unpermitted B&Bs.

“There's nothing this body can do to grandfather them in,” said Kaaina Hull, deputy planning director. “If they don't have a use permit, they're not operating legally. And if they're not operating legally, they can't be grandfathered in.”

Such uses on ag land also require a special permit under state law, he said.

County Attorney Mauna Kea Trask also spoke of the challenges that arise when the law is changed while his office and the planning department are in the midst of litigation and contested case hearings on homestay applications.

He also said the Council cannot pass a law that exempts certain individuals, such as those who claimed they didn't know they needed a permit. “Ignorance of the law is never a defense.”

So what is the defense, other than self-righteousness, of those who took it upon themselves to illegally erect signs, impersonating the state Department of Health and embedded in concrete no less, on the public beach at Mahaulepu? 
Bridgette Hammerquist and Jay Kechloian, two vigilantes from Friends of Mahauelpu, don't seem at all bothered by the fact that it's illegal to post signs on state land without permission. They've vowed to keep posting their “contaminated water” signs because they think the public has a right to know.

Is anybody even swimming in that murky little trickle?

Robert Zelkovsky, membership coordinator of Surfrider, thinks the illegal signs are just fine, too. Because Surfrider, with its publicity-seeking water testing program, knows more and better than DOH, doncha know? And since they declare it contaminated, then it must be so.

DOH has already said it's going to conduct a study of the area, at the urging of the EPA, to determine whether people, or plants and animals, are the cause of the high bacteria counts. The agency only posts when the e.coli comes from a human source.

But FOM and Surfrider can't wait for that. They have to drum up some publicity, and keep sticking it to Grove Farm and the proposed dairy, by posting their illegal signs.

Well, here's the end result: DOH wants Grove Farm to close access to Mahaulepu for four months this summer so the agency can study the stream.

Good work, Surfrider and FOM. I'm sure closing down Mahaulepu will help you win a lot of converts.


Anonymous said...

Hopefully the far-too-silent (because they're busy working) majority will finally awaken to the consequences of allowing these antis to take over.

Anonymous said...

Since grandfathering an illegal use can't be used, I'm surprised no one has thought of enacting a new law to overcome these poor folks' it Grandmothering.

Anonymous said...

I wonder if that is a goal of surfrider to help the public loose access there?

Anonymous said...

Putting concrete on the beach is a bad thing to do, what a terrible example for an environmental group to do.

Anonymous said...

So is the Kauai Retreat Center in Waipake still running?

It is on AG land. I do not believe it received a special permit; Correct?

Thank you for your efforts on this issue Joan.

You can bet your sweet A@# that you had a part to play in this. You should be proud. I am proud of you.

Anonymous said...

Good on the B&B's. There's enough pilikia without their invading every neighborhood on the island. Speaking of invasive species, isn't a permit required to erect a sign in the shoreline management area? It's nice of the Surfrider turkeys to identify themselves so we know who the bungholes are. Grove Farm can put up a summertime sign at the gate "This summer Time Out is brought to you by the scofflaw busybodies of Surfrider Foundation, Robert Zelkovsky, membership coordinator. Please join and send us money!"

Anonymous said...

Mel Rapozo unfortunately is a hypocrite. He rants, whines, and raves about everything yet he rarely has a solution except to blame others. He is probably the worst council chair ever. He is worse than Jay Furfaro. No leadership. Only posturing, finger pointing and grandstanding.

Anonymous said...

12:01pm Mel is right, the Mayor and his team, including Furfaro, are hopeless, the Legislature is hopeless, so he rants and raves. What you want, someone who praises hopelessness?

Anonymous said...

Mel Disgraced KPD Sargent - Why Did You Vote For Him? - $10 (Kauai) hide this posting
safety tips
prohibited items
product recalls
avoiding scams
Mel Rapozo is a former disgraced KPD Sargent, that was fired from KPD for his alleged involvement in the "Lap Dance Incident" Have Kauai residents and voters forgotten Mel`s shady past? Why are you voting for him? It is a scary thought to think such a shady character can hold a public office for such great pay. A very sneaky way to get back on the county payroll. There is a new book out called: "KPD Blue", and it details Mel`s alleged involvement in the "Lap Dance Incident". You can order the book at: Check out, read and you decide. Is this really want you want for you or your kids futures? Long time residents and new residents of Kauai have an obligation to stay informed before they vote and hold people accountable for now and in the future. DO NOT vote for Mel Rapozo or donate to him. He has already cost the tax payers plenty of money. What a low class human being. Do the right thing and give someone new a chance. Mel is a coward straight thru to the core of his soul. To read chapters from the book, Check out:
do NOT contact me with unsolicited services or offers
post id: 5591226781 posted: 2016-05-17 11:15am updated: 2016-05-19 11:45am email to friend ♥ best of [?]
Avoid scams, deal locally Beware wiring (e.g. Western Union), cashier checks, money orders, shipping.

Anonymous said...

1:37 I voting for him, better than slimeballs Hooser, Chock, or yoko ono Yukimura

Anonymous said...

1:37 p.m. we knew this the in the last elections. but we still voted for him. Go figure, old news!!! Next topic! wait till it breaks! Could be more sex scandal!

For you, there's still time for you to file your papers for County Council. Hey! Good luck!

Anonymous said...

1:37 Hooser no pay his taxes but what? No problem? Typical haole!

Anonymous said...

1:37 - I see you read KPD Blue but have you asked to see the court transcripts about that lap dance case? You should ask to see it and it will make you look like a fool because you don't know what the hell you are talking about.

Patrick Cockett said...

The department of health has been derelict in posting areas like the Nawiliwili Stream for leptosporosis and exceeding the federal standards for enterococus. Here is a stream that has daily use by residents and tourists. I question the public health interest of this department when they ignore areas like Nawiiwili Stream

Anonymous said...

From The Garden Island.: "Mahaulepu Beach itself is on state land, but the Waiopili Stream is on land owned by Grove Farm, and Kawaoka said DOH is planning to ask Grove Farm to shut down access to the beach during the summer study". With friends (of Mahaulepu) like that who needs enemies. Ever walk up the stream to discover what the source may be? There are many pigs and chickens all along the stream banks both alive and dead. Obviously animals are utilizing the stream. Any person with a minimal intellect would not bath or think the water was potable after seeing this. Also Haupu Mtn and the ridge behind Mahaulepu form an amphitheater which all drains into this stream. Lots of pigs up there too. They need to stop access to figure out where this is coming from? Give me a break. When they do find the source of contamination is not human what then? 40 years ago I knew i had to treat any water I drank and be careful with injuries in any of the streams on Kauai. Leptospirosis anyone?

Anonymous said...

Lepto is in every stream.
Gwt rid of the pigs and goats and Lepto is gone.
There is risk in life.
Mahauelpu closing may end up being permanent.
Guaranz Ball Bearanz, Bridgette Hammerquist and Jay Kechloian and the Surfrider dudes and dudettes ALL vote for Da Hoos, JoAnn and Mason.
Such is life. Perhaps with Derik and Arthur Brun running for Council Da Hoos and Joann will be will be bounced. JoAnn has done more to destroy any hope of owning one house for most of our Kauai folks.
JoAnn, Da Hoos and Mason seem to think that the NS boutique farmers are the future of the island. Not bad if we all had a few million to plop down for a house.
We deserve the leaders we elect.

Anonymous said...

There is more of these drug dealers and rings on island so stay vigilant Kauai and report it to the Feds because you cannot trust dirty KPD.

This is the poison that every on Kauai should be fighting but guarantee get meth addicts on both sides of the GMO debate.

Pair plead not guilty

Dennis Fujimoto - The Garden Island

HONOLULU — Two men arrested during a large crystal methamphetamine drug bust on Kauai in March entered not guilty pleas in federal court on...

Anonymous said...

KPD - new book or old news?

Anonymous said...

It's also erroneous to call Waiopili a stream. It's a ditch. There's a big difference.

Anonymous said...

In today's Garden Island editorial section, Larry Arruda espouses the benefits of a county manager system and cites how it worked well in Orange County. He joins the small handful of supporters (aka nitpickers) that can regularly be seen at council meetings. The system worked so well that Orange County filed for bankruptcy in 1994. Yep, this additional cost and oversight sure worked wonders for this county.

What these nitpickers fail to grasp is that the position of County Manager won't work with a civil service hire as there's little confidence in the HR department to hire a qualified individual. And, since council wants to have control of running the executive branch in addition to controlling the legislative branch, having an appointee won't work either. This is just more wasted money with the same results.

Anonymous said...

If Walter Lewis, Glenn Mickens, Ken Taylor, Joe Rosa, and Larry Arruda want a council-manager system so badly, then I suggest they move somewhere that has this system. Why do these five individuals keep speaking like they represent the rest of the citizens of Kauai? Get over it or move elsewhere. Council has too much power as it is. Giving Darth Rapozo, Ross Maul, and the rest of the Empire more power is ridiculous. Too much political friction and Monday-morning quarterbacking as it is.

Anonymous said...

GF should deny access to everyone to the the Waiopili Stream. If it was made with a shovel or backhoe it is a ditch, if it is natural it is a stream.
GF must stabilize its ownership. Deny DOH, Nutjobs, Tourists from all of their lands.
Flex the 4th Amendment.
The only government workers allowed on any GF lands, including access to beaches, stream and mountains must be done by official request, proof of insurance and a "hold harmless" agreement backed by a 200,000 thousand dollar bond.
Land ownership in Hawaii is being assaulted at every level. From the County and their weird BnB law, a person can NOT rent to anyone for a period of 6 months, 6 months is a long time and is subject to a 13.25 percent tax anyway. The County thinks they can go anywhere to check on anything.
Never allow anyone from anywhere on your property.
We are part of the problem, we allow people access out of friendly hearts, but this will come back to condemn us.
The County, State and organizations like the Commie-Feelgood-Surf Riders, have shown that friendly access and sharing your land can result in this type of behavior.
What if someone posted a cemented sign at the County Building saying "BEWARE the premises are inhabited by spendthrifts and gloryhounds. Entry may be dangerous to your honesty and SANITY"? The County would have the Cops all over your okole before the cement was dry.
Read the 4th Amendment..the County/State hasn't. They will cross your land or property to check on anything they want. Put them in check. Especially put the rich old Hippies that come from other places, use your friendliness and respect of the old ways of Kauai and use the favors you give them to hurt you.
Cut off everyone. No mo' Mahauelpu, show The Friends that, yes their protection of Mahauelpu has gone all the way. NO ONE CAN GO, it is protected. Sorry folks, thank your friendly Hooser, JoAnn and Mason supporters for the demise of the Mahauelpu beaches.
Now only the descendants of Gillin's may get to the beach and I hope they ain't no Hooser/Mason/JoAnn supporters, because GF can shut them down as well if they have built anything on the old Gillin house. And the BnB/TVR website for Gillin's is still up.

Anonymous said...

Every month-to-month rental lease outside the VDA is now illegal under this over broad, poorly written county law.

When will the Council listen to its counsel?

Seems whenever they ignore the County Attorney the tax payers foot the bill.

Anonymous said...

8:36, either you cannot read correctly or you are spreading lies, month to month rental leases are not illegal under this law.

Anonymous said...

8:36 - Wish you were right!!!!!

Anonymous said...

Yes! No matter what river or stream, you put your self at risk if you swim/dip your head under water.....

Anonymous said...

Council/manager system is flawed

By ROBERT J. MARTINEAU, Guest Columnist
Published: Tuesday, November 15, 2011 at 1:00 a.m.

What nonsense!

The council/manager system was originally developed to meet the needs of local governments that had grown too large to be managed properly by a city or county council composed of members who had full-time jobs and could devote only occasional evenings to council meetings. They had neither the time nor the expertise to manage a local government. A full-time manager was hired to fill that void.

Notwithstanding these changes, many communities stayed with the council/manager form long after they had outgrown it. The heart of the problem is that for all but very small communities the council/manager local government is structurally flawed and cannot meet the needs of modern local government. That system worked when life was simpler, communities were small, local taxes were mostly for schools, and local governments played a minor role in most people's lives. For better or worse, those days are gone forever.

Anonymous said...

These links show how manager systems fail and cause more problems and howone company is operating as headhunter using their choice. Also..Flint Michigan. Need I say more?
Just elect good people that are honest and trustworthy. That's how,hoi!

Anonymous said...

Walter Lewis, Glenn Mickens and Ken Taylor are trying to relive their childhoods, where the managers system may have served it's purpose. We are hearing jibberish from a few on how great it can be. They're hoping that If they keep saying it for another 20 years people may actually listen.

A major flaw is the principle of accountability, that when everyone is responsible, no one is. In the context of a council/manager government, the manager is responsible only in the broadest terms to the elected council, not to an individual. Council members, both individually and collectively, are not supposed to interfere with the administration of the government or tell the manager what to do except in the broadest terms of setting policy. For council members, deniability is built into the system. Their only recourse is the draconian one of firing the manager, which seldom solves the problem.

Anonymous said...

What's ironic is a lot of counties with the managers system in place are begging for a Mayoral system.

Anonymous said...

I give Glenn and his gangsters credit for all the effort being shown. The game is up boys , let's move on.

Now, I would like to know the 'Real' state of our COUNTY bridges before we all need a local tax???

Other than that, every single one of us need to hold the State balls on the fire about the theft of our TAT and sorry state of state highways.

Yes we read about Oahus rail endless malfunctions, and yes we see the state buying six thousand acres of beachfront property on the big island with the tourist acomidation tax. That is criminal overreach in my opine.

Anonymous said...

If you're the president of the senate, you can do anythinhg you like; and get away with it. crooks at every level of government in hawaii. we pay for the BEST.

Anonymous said...

Just FYI, yesterday we called Grove Farm to get a pass to camp Mahaulepu. But....unfortunately we were told passes are only being given to employees' family members. :(